CTE – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 53 Wrestlers Sue WWE For Concealing the Dangers of CTE https://legacy.lawstreetmedia.com/blogs/entertainment-blog/wrestlers-sue-wwe-over-brain-damage/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/wrestlers-sue-wwe-over-brain-damage/#respond Thu, 21 Jul 2016 20:31:11 +0000 http://lawstreetmedia.com/?p=54139

CTE is the progressive degenerative brain disease commonly found in athletes who have sustained repeated concussions.

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"Nostalgia in the ring" Courtesy of [Xander Hieken  via Flickr]

More than 50 retired professional wrestlers are suing the WWE and its CEO, Vince McMahon, in hopes of proving the repeated head injuries they sustained while in the ring are linked to CTE, the progressive degenerative brain disease that has been commonly found in athletes who have experienced repeated concussions.

The 214-page lawsuit filed Monday in the U.S. District Court of Connecticut claims that the company is responsible for their long-term neurological damage and alleges that the WWE “fraudulently misrepresented and concealed” the dangers of these injuries.

The lawsuit states:

The WWE knows that its wrestlers are at great risk for these diseases such as CTE that can result in suicide, drug abuse and violent behavior that pose a danger to not only the athletes themselves but also their families and community, yet the WWE does nothing to warn, educate or provide treatment to them.

The lawsuit also states that the WWE and McMahon failed to provide proper medical treatment for these injuries, writing:

Instead of upholding its duty to its employees, WWE placed corporate gain over its wrestlers’ health, safety, and financial security, choosing to leave the Plaintiffs severely injured and with no recourse to treat their damaged minds and bodies. WWE refused to provide health insurance to its employees, employee benefits, and payments to Social Security.

Among the 53 former male and female wrestlers suing the WWE are wrestling hall of famers “Mr. Wonderful” Paul Ordndorff, “Road Warrior Animal” Joseph Laurinaitis, and Jimmy “Superfly” Snuka. Notably, Snuka was recently ruled mentally incompetent to stand trial for the 1983 murder of his then-girlfriend, Nancy Argentino. His defense attorneys successfully argued that Snuka suffers from dementia partially caused from repeated head trauma sustained during his career in the ring.

CTE, which is short for Chronic Traumatic Encephalopathy, can result in loss of memory, difficulty controlling impulsive or erratic behavior, impaired judgment, behavioral disturbances including aggression and depression, difficulty with balance, and a gradual onset of dementia.

The WWE released the following statement in response to the lawsuit:

This is another ridiculous attempt by the same attorney who has previously filed class-action lawsuits against WWE, both of which have been dismissed.

Konstantine Kyros, a member legal team that brought the suit against the WWE, responded to the company’s statement saying:

It has been the studied practice of WWE through its counsel to denigrate the motives and integrity of anyone who is courageous enough to protest WWE’s self-serving choice to ignore the human toll and health crisis that its policies, fraud, and mistreatment of its workers have created.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Steve Montador: Family of Deceased Hockey Player Sues the NHL https://legacy.lawstreetmedia.com/news/steve-montador-family-of-deceased-hockey-player-sues-the-nhl/ https://legacy.lawstreetmedia.com/news/steve-montador-family-of-deceased-hockey-player-sues-the-nhl/#respond Wed, 09 Dec 2015 18:32:59 +0000 http://lawstreetmedia.com/?p=49501

We're not just criticizing the NFL anymore.

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Image courtesy of [clyde via Flickr]

Steve Montador, who played for six different NHL teams over a 13-year career, died earlier this year at the age of 35, due to undisclosed causes. An autopsy conducted seven months ago found that he had CTE, or chronic traumatic encephalopathy, the same degenerative brain disorder that has led to criticism of the NFL’s head injury policies in recent years. In light of that discover, Montador’s family is now suing the NHL, claiming that the league failed to provide Montador with accurate information about the long term risks of consistent head trauma.

During Montador’s 13-year NHL career playing for the Calgary Flames, Florida Panthers, Anaheim Ducks, Boston Bruins, Buffalo Sabres, and Chicago Blackhawks spanned a grand total of 641 regular season and playoff games. He was involved in 69 fights during his time with the NFL, and the lawsuit alleges that he sustained thousands of hits to the head. He suffered from fifteen documented concussions; including four over a three month span when he played for the Blackhawks.

One of the Montador family’s lawyers, Thomas Demetrio, stated:

The NHL still refuses to accept the fact that its game creates permanent, progressive brain damage. Instead, the NHL disingenuously gives its players a false sense of security by leading them to believe that repetitive head trauma in the NHL will not cause brain damage or resulting addiction or depression issues

CTE, which can be caused by repeated head injury, can lead to memory loss, changes in mood, and behavioral changes. However, it can only be diagnosed after someone who has it has died. It’s been associated with sports that can lead to repeated instances of head trauma, including boxing, football, stunt cheerleading, and hockey. The NFL has particularly received criticism for its handling of players’ brain injuries over the last few years. In 2013, the NFL settled a lawsuit to the tune of $756 million with over 4,500 former players and/or their families. “Concussion,” a movie about Dr. Bennet Omalu, the doctor who is credited with discovering CTE is coming out this December, reigniting concerns about the effects of repeated head trauma on NFL players.

The NHL hasn’t had quite as high profile attention placed on it as the NFL when it comes to CTE and brain injuries, but that doesn’t mean that it hasn’t been party to lawsuits on the issue previously. A federal class action lawsuit on behalf of former players was filed in October of last year, and is still ongoing. Like Montador’s family, the players allege that the NHL didn’t keep them reasonably safe, or provide them with proper information about the dangers of repetitive brain injury.

Another attorney from the firm working on Montador’s case told the Chicago Tribune:

By burying its head in the sand on the issue of brain damage among its retired player population, the NHL is doing a disservice to the players who gave their blood, sweat and tears to the game. It is high time for the league to recognize that many former players are suffering, and the NHL should step up to take care of these men and their families. The NHL’s body count is growing — how many more players will die with CTE before something meaningful is done to help those suffering?

It’s a tough contention–we’ll have to see if the case filed by Montador’s family makes any difference.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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“Concussion” Movie Takes Aim at the NFL’s Player Safety Controversy https://legacy.lawstreetmedia.com/news/concussion-movie-takes-aim-at-the-nfls-concussion-controversy/ https://legacy.lawstreetmedia.com/news/concussion-movie-takes-aim-at-the-nfls-concussion-controversy/#respond Thu, 12 Nov 2015 15:47:48 +0000 http://lawstreetmedia.com/?p=49068

It's time to start talking seriously about CTE.

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Image courtesy of [Keith Allison via Flickr]

Concussion” is a forthcoming movie focused on the story of Dr. Bennet Omalu, who researched the effects of repeated concussions on football players. Although there’s been plenty of controversy over the movie, the first premiere was on Tuesday and some reviews are starting to trickle in. The early consensus appears to be that “Concussion” delivers a hard blow to the NFL’s continued PR issues when it comes to player safety.

Widely premiering in December and starring Will Smith, the movie centers around Omalu, a Nigerian-born forensic pathologist who was the first doctor to publish findings of CTE, or chronic traumatic encephalopath, in NFL players. CTE is a degenerative disorder that is found in people who have repetitive brain injuries, such as concussions. It can cause depression, aggression, and disorientation. Omalu discovered CTE after performing an autopsy on Pittsburgh Steelers player Mike Webster. Webster passed away at 50 after developing dementia. Omalu’s quest to bring attention to the issue and his contentious dealings with the NFL are a large part of the second half of the movie.

The film was a point of contention during the Sony hack last year, when emails revealed that Sony wanted to avoid antagonizing the NFL. In September, the New York Times released a piece that claimed that the movie has been altered to avoid doing just that. But the film’s director Peter Landesman denies those contentions, saying:

It’s almost laughable. Anybody who sees this movie knows this movie is a shot between the eyes of the NFL. Not because we’re going after the NFL. Just because the truth is our defense you know and it’s a powerful movie about human beings. It’s not a hit piece about corporate America.

This movie is set to premiere just a few months after the NFL settled a massive lawsuit with former players who suffer from CTE or other head trauma–although that settlement is still pending appeals. As a result of the class action lawsuit, former players could receive up to $5 million for their head injuries sustained while playing, and family members of players who died will also be entitled to money. All said and done, the funds paid by the NFL to former players or relatives could top $1 billion.

Additionally, the NFL is still prone to criticism for its handling of CTE and other mental and brain health issues. New research in September emphasized the risk for NFL players after conducting autopsies on 91 deceased NFL players–87 had signs of CTE.

“Concussion” will be released on Christmas Day, and although it doesn’t provide any new information about the risk of CTE when it comes to our nation’s most famous football players. Mike Freeman, NFL National Lead Writer for Bleacher Report, pointed out the magnifying glass that “Concussion” forces football fans to apply to their favorite sport, saying:

This is the best football movie ever made (and I’ve seen every one), because it does something that I like to do, which is pause and take a look around. I will go back to loving this sport, to playing fantasy football, to writing about the players, but for now, for right now, “Concussion” is causing me to look more closely at a sport we all adore.

And it isn’t pretty.

That’s hitting the nail on the head–because that closer look seems to be exactly the movie’s intention.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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